Officers. The officers of Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 33 contracts
Samples: Agreement and Plan of Merger (Orbital Atk, Inc.), Agreement and Plan of Merger (Northrop Grumman Corp /De/), Agreement and Plan of Merger (Merge Healthcare Inc)
Officers. The officers of Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation Corporation, until the earlier of their resignation or removal or until their respective successors are duly elected or appointed and qualified, as the case may be.
Appears in 10 contracts
Samples: Agreement (Fresenius Medical Care Corp), Agreement and Plan of Merger (MSC Software Corp), Agreement (Renal Care Group Inc)
Officers. The officers of Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation Corporation, until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (California Pizza Kitchen, Inc.), Agreement and Plan of Merger (Digitalthink Inc), Agreement and Plan of Merger (SFX Broadcasting Inc)
Officers. The From and after the Effective Time, the officers of Acquisition Sub immediately prior to at the Effective Time shall be the officers of the Surviving Corporation Corporation, until the earlier of their death, resignation or removal or until their respective successors are duly elected or appointed and qualified, as the case may be.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Crescent Capital BDC, Inc.), Agreement and Plan of Merger (Harvest Capital Credit Corp), Agreement and Plan of Merger (Portman Ridge Finance Corp)
Officers. The officers of Sub immediately prior to at the Effective Time shall be become, from and after the Effective Time, the officers of the Surviving Corporation Corporation, until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Bertuccis of White Marsh Inc), Agreement and Plan of Merger (Bertuccis Inc), Agreement and Plan of Merger (Bertuccis Inc)
Officers. The officers of Xxxxxx Sub immediately prior to before the Effective Time shall be the officers of the Surviving Corporation immediately after and following the Effective Time, until the earlier of their resignation or removal or until their respective successors are duly elected or appointed and qualified, as the case may be.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Cyclo Therapeutics, Inc.), Agreement and Plan of Merger (Cyclo Therapeutics, Inc.), Agreement and Plan of Merger (Applied Molecular Transport Inc.)
Officers. The officers of the Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation Corporation, until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Quarterdeck Corp), Agreement and Plan of Merger (Symantec Corp), Agreement and Plan of Merger (Quarterdeck Corp)
Officers. The officers of Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation until the earlier of their resignation or removal or Corporation, until their respective successors are duly elected or appointed and qualifiedqualified or until their earlier death, as resignation or removal in accordance with the case may becertificate of incorporation and bylaws of the Surviving Corporation.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Cyan Inc), Agreement and Plan of Merger (Ciena Corp), Agreement and Plan of Merger (Covance Inc)
Officers. The officers of Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation Corporation, until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.. 14 9
Appears in 3 contracts
Samples: Confidentiality Agreement (Johnson & Johnson), Agreement and Plan of Merger (Femrx Inc), Agreement and Plan of Merger (Johnson & Johnson)
Officers. The officers of Sub immediately prior to at the Effective Time shall be the initial officers of the Surviving Corporation, each to hold office in accordance with the Articles of Incorporation and bylaws of the Surviving Corporation until the earlier of their resignation or removal or until their respective successors are such officer's successor is duly elected or appointed and qualified, as the case may be.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Hollywood Com Inc), Agreement and Plan of Merger (Big Entertainment Inc), Agreement and Plan of Merger (Times Mirror Co /New/)
Officers. The officers of Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation Corporation, until the earlier of their resignation or removal or until their respective 9 5 successors are duly elected and qualified, as the case may be.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Westinghouse Electric Corp), Agreement and Plan of Merger (Gaylord Entertainment Co), Agreement and Plan of Merger (Westinghouse Electric Corp)
Officers. The officers of the Sub immediately prior to the Effective -------- Time shall be the officers of the Surviving Corporation Corporation, until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.. -5-
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Netframe Systems Inc), Agreement and Plan of Merger (Micron Technology Inc)
Officers. The officers of Sub immediately prior to the Effective Time shall shall, from and after the Effective Time, be the officers of the Surviving Corporation until the their successors have been duly elected or appointed and qualified or until their earlier of their death, resignation or removal or until their respective successors are duly elected in accordance with the Surviving Corporation’s certificate of incorporation and qualified, as the case may beby-laws.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (CFC International Inc), Agreement and Plan of Merger (Illinois Tool Works Inc)
Officers. The officers of the Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Providence Service Corp), Agreement and Plan of Merger (Mro Software Inc)
Officers. The officers of Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation Corporation, until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Yurie Systems Inc), Agreement and Plan of Merger (Lucent Technologies Inc)
Officers. The officers of Sub immediately prior to at the Effective Time shall be the initial officers of the Surviving Corporation until the earlier of their resignation or removal or Corporation, until their respective successors are have been duly elected or appointed and qualifiedqualified or until their earlier death, as resignation or removal in accordance with the case may beSurviving Corporation’s certificate of incorporation and bylaws.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Resonate Inc), Agreement and Plan of Merger (Resonate Inc)
Officers. The officers of Xxxxxx Sub immediately prior to the Effective Time shall shall, from and after the Effective Time, be the officers of the Surviving Corporation until the their successors have been duly elected or appointed and qualified or until their earlier of their death, resignation or removal or until their respective successors are duly elected in accordance with the Charter and qualified, as the case may beBylaws.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Flex Ltd.), Agreement and Plan of Merger (Nextracker Inc.)
Officers. The officers of Sub immediately prior to shall, from and after the Effective Time shall Time, be the officers of the Surviving Corporation until the their successors have been duly elected or appointed and qualified or until their earlier of their death, resignation or removal or until their respective successors are duly elected in accordance with the Surviving Corporation’s certificate of incorporation and qualified, as the case may beby-laws.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Illinois Tool Works Inc), Agreement and Plan of Merger (Click Commerce Inc)
Officers. The officers of Sub immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation until the earlier of and shall hold their resignation or removal or offices until their respective successors are duly elected or appointed and qualifiedqualified or until their respective earlier resignation or removal in the manner provided in the Certificate of Incorporation and the Bylaws of the Surviving Corporation, or otherwise as the case may beprovided by law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Trilogy, Inc.), Agreement and Plan of Merger (Versata Inc)
Officers. The officers of Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, unless they earlier die, resign or are removed, as the case may be.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (L 3 Communications Corp), Agreement and Plan of Merger (Westwood Corp/Nv/)
Officers. The officers of Sub immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation until immediately after the earlier Effective Time, each to hold office in accordance with the bylaws of their resignation or removal or the Surviving Corporation until their respective successors are duly elected appointed and qualified, as the case may be.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Atmel Corp), Agreement and Plan of Merger (Standard Microsystems Corp)
Officers. The officers of Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation to hold office until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Chemfirst Inc), Agreement and Plan of Merger (Dupont E I De Nemours & Co)
Officers. The Unless otherwise determined by Parent prior to the Effective Time, the officers of Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation until immediately after the earlier Effective Time, each to hold office in accordance with the provisions of their resignation or removal or until their respective successors are duly elected and qualified, as the case may bebylaws of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Vistaprint N.V.), Agreement and Plan of Reorganization (Lantronix Inc)
Officers. The officers of the Sub immediately prior to shall, from and after the Effective Time shall Time, be the officers of the Surviving Corporation until the their successors have been duly elected or appointed and qualified or until their earlier of their death, resignation or removal or until their respective successors are duly elected in accordance with the Surviving Corporation’s certificate of incorporation and qualified, as the case may beby-laws.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Oshkosh B Gosh Inc), Agreement and Plan of Merger (Carters Inc)
Officers. The initial officers of the Surviving Corporation shall be the officers of Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation until the earlier of their resignation or removal or Time, until their respective successors are duly elected or appointed and qualified, as the case may be.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Yak Communications Inc), Agreement and Plan of Merger (Globalive Communications Corp.)
Officers. The officers of Xxxxxx Sub immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation until the earlier of their resignation or removal or and shall hold office until their respective successors are duly elected and qualified, as the case may beor their earlier death, resignation or removal.
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger
Officers. The officers of Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation Company, until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Chicago Dock & Canal Trust), 6 Agreement and Plan of Merger (Chicago Dock & Canal Trust)
Officers. The officers of Sub immediately prior to at the Effective Time shall be the initial officers of the Surviving Corporation, each to hold office in accordance with the Certificate of Incorporation and Bylaws of the Surviving Corporation until the earlier of their resignation or removal or until their respective successors are such officer's successor is duly elected or appointed and qualified, as the case may be.
Appears in 1 contract
Officers. The officers of Sub immediately prior to the Effective Time shall be become the officers of the Surviving Corporation until at and as of the earlier of their resignation or removal or until Effective Time (retaining their respective successors are duly elected positions and qualified, as the case may beterms of office).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Exploration Co of Delaware Inc)
Officers. The At the Effective Time, the officers of Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation Company, until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Chart Industries Inc)
Officers. The officers of Sub immediately prior to at the Effective Time shall will be the officers of the Surviving Corporation until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 1 contract
Officers. The officers of Sub immediately prior to the Effective Time Closing Date shall be become the officers of the Surviving Corporation Corporation, until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 1 contract
Officers. The officers of the Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as qualified in accordance with the case may beDGCL and the certificate of incorporation and bylaws of the Surviving Corporation.
Appears in 1 contract
Officers. The officers of Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation Entity, until the earlier of their resignation or removal or until their respective successors are duly elected or appointed and qualified, as the case may be.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Paine Webber Group Inc)
Officers. The officers of Sub immediately prior to at the Effective Time shall be the initial officers of the Surviving Corporation, each to hold office from the Effective Time in accordance with the Articles of Incorporation and bylaws of the Surviving Corporation and until the earlier of their resignation his or removal or until their respective successors are her successor is duly elected appointed and qualified, as the case may be.. ARTICLE II
Appears in 1 contract
Officers. The From and after the Effective Time, until successors are duly elected or appointed in accordance with applicable Law (or their earlier resignation or removal), the officers of Sub immediately prior to at the Effective Time shall be the officers of the Surviving Corporation until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may beCorporation.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Steel Partners Holdings L.P.)
Officers. The officers of the Sub immediately prior to at the Effective Time shall be the officers of the Surviving Corporation Corporation, until the earlier of their resignation or removal or until their respective successors are duly elected appointed and qualified, as the case may be.
Appears in 1 contract
Officers. The officers of Sub immediately prior to the Effective Time shall from and after the Effective Time be the officers of the Surviving Corporation until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 1 contract
Officers. The officers of Sub immediately prior to the -------- Effective Time shall be the initial officers of the Surviving Corporation until the earlier of their resignation or removal or until their respective successors are duly elected or appointed and qualifiedqualified in the manner provided in the Certificate of Incorporation and Bylaws of the Surviving Corporation, or otherwise as the case may beprovided by law.
Appears in 1 contract
Officers. The officers of Sub immediately prior to at the Effective Time shall be the initial officers of the Surviving Corporation, each to hold office in accordance with the Articles of Incorporation and Bylaws of the Surviving Corporation and until the earlier of their resignation his or removal or until their respective successors are her successor is duly elected and qualifiedqualified in accordance with State Law or until his or her earlier death, as the case may beresignation or removal.
Appears in 1 contract
Samples: Stock Acquisition Agreement and Plan of Merger (Crescent Operating Inc)
Officers. The officers of Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation Corporation, until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.. ARTICLE II
Appears in 1 contract
Officers. The officers of Sub immediately prior to the Effective Time or such other persons as Buyer shall designate shall be the officers of the Surviving Corporation until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 1 contract
Officers. The officers of Sub in office immediately prior to the Effective Time shall be the officers of the Surviving Corporation until the earlier of their resignation or removal or until their respective successors are in office shall have been duly elected appointed and qualified, as the case may be.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Global Green Solutions Inc.)
Officers. The officers of Sub immediately prior to the Effective Time Time, from and after the Effective Time, shall be the officers of the Surviving Corporation Corporation, until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Vicuron Pharmaceuticals Inc)
Officers. The officers of Sub immediately prior to at the Effective Time shall will be the officers of the Surviving Corporation until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.. ARTICLE III MERGER CONSIDERATION; CONVERSION OR CANCELLATION OF SHARES IN THE MERGER 3.1. Merger Consideration;
Appears in 1 contract
Samples: Agreement and Plan of Merger (Valero Refining & Marketing Co)
Officers. The officers of Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation Corporation, until the earlier of their resignation or removal or until their respective successors suc cessors are duly elected and qualified, as the case may be.
Appears in 1 contract
Officers. The officers of Sub immediately prior to at the Effective Time shall be the initial officers of the Surviving Corporation, each to hold office from the Effective Time in accordance with the Articles of Incorporation and By-laws of the Surviving Corporation and until the earlier of their resignation his or removal or until their respective successors are her successor is duly elected appointed and qualified, as the case may be.
Appears in 1 contract
Officers. The At the Effective Time, the officers of Sub -------- immediately prior to the Effective Time shall be the officers of the Surviving Corporation and shall hold office until the earlier of their death, resignation or removal or until their respective successors are duly elected appointed and qualified, as the case may be.
Appears in 1 contract
Officers. The officers of the Sub immediately prior to at the Effective Time shall shall, from and after the Effective Time, be the officers of the Surviving Corporation Corporation, until the their successors have been duly elected or appointed and qualified or until their earlier of their death, resignation or removal or until their respective successors are duly elected in accordance with the Surviving Corporation’s charter and qualified, as the case may beby-laws.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Wright Medical Group Inc)
Officers. The officers of Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation until the earlier of their resignation or removal or until their respective successors suc cessors are duly elected and qualified, as the case may be.
Appears in 1 contract
Officers. The officers of Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation until immediately after the earlier Effective Time, each to hold office in accordance with the provisions of their resignation or removal or until their respective successors are duly elected the bylaws of the Surviving Corporation and qualifiedat the pleasure of the Board of Directors of the Surviving Corporation, subject to any agreement between such officer and the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall cease to serve as officers at the case may beEffective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Staktek Holdings Inc)
Officers. The officers of Sub immediately prior to at the Effective Time Time, including such officers of the Company as shall be have become duly elected and qualified officers of Sub, shall become, from and after the Effective Time, the officers of the Surviving Corporation Corporation, until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Holmes Products Corp)
Officers. The officers of Sub immediately prior to at the Effective Time shall shall, after the Effective Time, be the officers of the Surviving Corporation Corporation, each to hold office from the Effective Time and until the his or her successor is duly appointed and qualified or until his or her earlier of their death, resignation or removal or until their respective successors are duly elected in accordance with the Surviving Corporation Certificate of Incorporation and qualified, as the case may beSurviving Corporation Bylaws.
Appears in 1 contract
Officers. The officers of Xxxxxx Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Jounce Therapeutics, Inc.)
Officers. The From and after the Effective Time, the officers of Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation until the earlier of their resignation or removal or Corporation, to hold office until their respective successors are duly elected appointed and qualifiedqualified or until their earlier death, as resignation or removal in accordance with the case may bearticles of incorporation and code of regulations of the Surviving Corporation.
Appears in 1 contract
Officers. The From and after the Effective Time, the officers of Sub immediately prior to at the Effective Time shall be the officers of the Surviving Corporation until the earlier of their resignation or removal or Corporation, each to hold office until their respective successors are duly elected appointed and qualifiedqualified or until their earlier death, as resignation or removal in accordance with the case may becertificate of incorporation and the bylaws of the Surviving Corporation.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Navigant Consulting Inc)
Officers. The officers of Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation until as of the earlier of their resignation or removal or Effective Time and until their respective successors are duly appointed or elected and qualified, as the case may bein accordance with applicable law.
Appears in 1 contract
Officers. The officers of Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.. Table of Contents
Appears in 1 contract
Officers. The officers of Sub immediately prior to at the Effective Time -------- of the Merger shall be the officers of the Surviving Corporation Corporation, until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Warnaco Group Inc /De/)
Officers. The officers of Sub immediately prior to at the Effective Time shall be become, from and after the Effective Time, the officers of the Surviving Corporation Corporation, until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be. SECTION 1.8.
Appears in 1 contract
Officers. The officers of Sub immediately prior to at the Effective Time shall be the officers of the Surviving Corporation Company and shall hold office until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 1 contract
Samples: Agreement and Plan of Merger (TMBR Sharp Drilling Inc)
Officers. The Unless otherwise determined by Parent prior to the Effective Time, the officers of Sub immediately prior to the Effective Time shall be the officers of the Surviving Corporation until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 1 contract
Officers. The officers of Sub immediately prior to the Effective Time shall will be the officers of the Surviving Corporation Corporation, until the earlier of their resignation or removal or until their respective successors are duly elected or appointed and qualified, as the case may be.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Sterling Chemicals Inc)
